Legal Processes: Types, Stages, Principles, and Prerequisites

Posted on Dec 4, 2024 in Law & Jurisprudence

Process Definitions

Process: A set of successive phases of a natural phenomenon or an artificial operation.

Process: A set of interrelated events united by a common purpose.

Judicial Process: The resolution of a dispute between parties by a court of law.

Pallares Process: A set of events or acts occurring over time with specific relations of solidarity and bonding.

Legal Process: A series of legal acts occurring regularly in time, concatenated to achieve a specific objective.

Judicial Process (Specific Views):

Takes place before jurisdictional bodies.
Ovalle Favela: A set of acts forming, developing, and concluding a legal relationship established by a judge.
Arellano Garcia: The accumulation of acts, regulated normatively, involving persons before a state court.

Judicial, legislative, and administrative. Private theories have been divided and advertised.

Roman law: The magistrate issued a formula outlining elements for dispute resolution and appointed a judex.

If the process is not a contract or a crime, it must be a quasi-contract.

Connection or linkage between parties (people or things), as discussed by Soteno by Bulow and post-Kohler, defended by Chiovenda.

Bulow: The process is a list of rights and obligations, a public legal relationship.
Devis Echandía: Procedural relationship is complex, with multiple relationships arising between parties.
Theory of Legal Relationship: Distinguishes between procedural and substantive legal relationships.
Barrera Bautista: Procedural legal relationship is public, autonomous, trilateral, targeted, complex, dynamic, unitary, and involves party collaboration.
Goldschmidt: Not a relationship of law between parties but merely legal situations.

Persons who participate in legal proceedings. All parties are subjects of the process, but not all subjects are parties.

Legal acts, and physical acts.

Arellano Garcia (Civil Stages): Planting, testing, arguments, final resolution, execution, resource (defense, compliance, or enforcement).
Criminal Stages: Preliminary investigation, pre-instruction, instruction, trial, appeal, statement (culminating in resolution).

Regular vs. Special: General rules applied to all vs. specific rules provided by the legislature.
Oral vs. Written: Predominantly one form, but often mixed.
Ordinary vs. Summary: Degree of delay in application; summary involves compaction for a more expeditious process.
Matter: Civil, commercial, labor, etc.

Essential prerequisites for the existence of the process.

Chioveda: Conditions for a favorable pronouncement.
Budget Process: Submission of application, court jurisdiction, party standing.
Caseload: Procedural requirements not met, causing injury to the failed trial.
Bulow: Conditions to be fulfilled by procedural subjects (impartiality, competition, judge), party standing, and legitimacy of representatives.
James Goldschmidt: Caseload is the need to perform any act to prevent a procedural limitation.
Arellano Garcia: Caseloads are normatively established, mainly by law and jurisprudence.

Fundamental criteria and ideas, explicit or implicit in the legal order.

Principle of Immediacy: The judge is in direct relation to the subject.
Principle of Advertising: Smooth process and proven judge performance.
Principle of Orality and Writing: Not strict, complementary systems in reality.
Principle of Procedural Momentum: Parties bear the burden of presenting necessary motions and conclusions.
Principle of Concentration: The process should involve the minimum possible hearings.
Principle of Legality: Parties are equal before the judge.
Principle of Consistency of Sentences: Correspondence between intended and judged actions.
Principle of Judicial Economy: Disputes resolved in the shortest time with minimal expenditure.
Principle of Estoppel: Loss of a procedural faculty.
Principle of Contradiction: Arguments must be presented to the opposing party.
Principle of Event: Parties present simultaneously, not sequentially.
Principle of Equivalence: Untimely challenged acts are validated.
Principle of Procedural Efficiency: Trial duration should not harm the victor.
Principle of Probity: The process is an institution of good faith; judges should prevent illegal use by parties.
Principle of Device: Parties provide the basis for the sentence through their applications.