Know how to start correctly a legal procedure is important at any time of our life. Especially if we are victims of abuses that need to be treated through a trial.
It is for this reason that in this article We are going to tell you everything you need to know about how to initiate a legal procedure. So if you find yourself involved in a case, we suggest that you stay until the end of this article.
What exactly is a legal proceeding?
The judicial method is the way in which the judicial activity is specified and constitutes the dynamic component of the process. The process or judicial process It is the group of legal acts carried out to use the law in the resolution of a case.
Therefore, the judicial method is formed by the conjunction and coordination of different legal acts that have procedural sovereignty. In addition, the final purpose of the method is the production of the final legal impact of the process, that is, it is made up of the acts of initiation, development and conclusion of the same.
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In conclusion, the judicial method is the instrument that we have within our reach to be able to exercise our own rights and protect our own cases. Therefore, once a situation occurs in which we require the participation of justice, This class of method will be developed.
Also, in accordance with the Civil prosecution law 2 criteria are established to decide what kind of trial is applicable according to the specific case. One is dependent on the matter in question and the other on the amount of the claim.
Likewise, 4 types of judicial methods are established that have different particularities depending on the matters that are processed in them.
The 4 existing types are:
- Verbal judgment.
- Monitory trial.
- Exchange trial.
What rights will you have in a legal proceeding?
Once you face a judicial method you have a sequence of rights among which we have the possibility of discovering:
- Right to positive judicial protection: It has interaction with being able to be part of a process and to obtain a reasoned resolution that is related to the intended interests.
- Right of protection: In other words, being able to count on all the means of custody throughout the development of the method that directly safeguard the rights of which we are holders and the interests that are affecting us.
- Right to the ordinary Judge established by Law: This right tries to ensure the freedom and impartiality of the organs of the jurisdiction. for which they are the laws that determine the jurisdiction and competence of the body for each specific case.
- Right to the help of a lawyer: As we already understand, we all have the right to custody, for which, equally, we have the right to obtain the services of a lawyer, with freedom of our economic situation, so as to guarantee the balance of opportunities between the litigants.
- Right to be notified of the complaint made: In other words, our right to be informed of the charges weighing in against us and thus be able to defend ourselves against them.
- Right to a public process: This prevents the existence of probable arbitrariness and as the Constitution shows: "The proceedings will be public with the exceptions provided by the procedural laws."
- Right to a process with each of the guarantees: Each of the pieces of the judicial method must have equality of procedural opportunities, having the right to continually know of the Judge's impartiality and initially immediate respect.
What is the need to initiate a legal procedure?
Before filing the claim, that is, the implementation of the judicial device, the affected individuals. These have others resources They have the possibility of shortening the processes and obtaining satisfaction to their requirements.
They are the so-called extrajudicial procedures, on some occasions they are obligatory, as in labor conflicts, in which an instance of participation is required. In most of the legislations, said conciliation methods remain regulated by law and under the command of registered mediators before the judicial bodies.
If the out-of-court efforts do not lead to a satisfactory result, the process begins by filing the lawsuit. After all this new knowledge, you will be able to be much calmer when starting a legal procedure at any time