The right adjective or procedural law corresponds to one of the parts that make up public law and state law, which contains the set of codes, forms and standards of the judicial process. Therefore, it regulates and organizes the requirements and instruments with which the State adjudicates justice.
That is, the adjective law considers the mechanisms and ways that the law stipulates to formally and correctly resolve the complaints raised by the parties in conflict, by means of a decision and a method adjusted to what is observed by the law and to the proven facts..
It is a right that serves as an instrument of substantive law, with respect to which it enjoys autonomy, being to resolve social conflicts and serve the defendants, with respect to the rights that are the object of the legal dispute..
It is executed before the courts and tribunals, which are the bodies that have jurisdictional power, because they are charged with the task of judging and enforcing what is judged..
Its roots lie in Roman Law, where the vast majority of currently known institutions originated. It was divided into two stages:
It was valid until the third century of our era. This ancient Roman process was divided into two parts.
The first part of the process was directed by a magistrate (praetor), who conferred the power to judge an arbitrator (iudex) and the jurors (iurati). Then, the sentence was dictated by private persons: by the arbitrator in the civil, and by him and the juries in the criminal.
The private process disappears, being replaced by an official procedure, directed entirely by public officials, thus highlighting the public nature of the process, in order to affirm the authority of the State..
It contributed important modifications to this process, both in criminal and civil matters, arising from there the 1806 codes of civil process and 1808 of criminal process.
It is the main source of adjective law. It is any mandate issued by a competent authority, prohibiting or ordering something for the good of the governed and in accordance with justice. The State is the only one that can create laws
It is the repetition of certain acts, naturally and spontaneously, by a group of people in a given space and time, believing that they comply with some rule of law, which is obtained by the practical force of law. It is exclusive of the adjective law, because the judge is the only one who can apply it as a source.
It is the set of judicial decisions issued by the courts applying the law, before the disputes raised. That is, it corresponds to the concordant judicial decisions on the same case.
It is the theory that writers uphold on important issues of law. It is considered an indirect source of adjective law, constituted by the analysis of scholars of adjective law, exposed in articles, books, etc..
It serves so that the jurisdictional bodies (courts or tribunals) can apply the substantive law for a specific case.
Because it regulates the jurisdictional process in which the parties intervene equitably in front of a public body with power, whose mission is to resolve the conflict.
By means of the adjective law, the application or performance of the substantive or substantive law is achieved. Therefore, it serves as an instrument or tool for that right to be applied in a specific case..
Its system is in charge of guaranteeing rectitude, fairness and establishing judicial procedures within the framework of the laws..
It seeks to confront the anomalous application of legal norms through an autonomous and substantive system of guarantees. For this reason, this is the right that tries to put an end to legal anomalies..
It has its own disposition. Therefore, it is not part of other branches of legal categorization, although it is closely related to them..
Regulates matters concerning the composition or structure of the judiciary and its jurisdictional organization: laws related to the organization of judicial competence, according to the matter, value and territory, in addition to the way in which the courts are formed.
Regulates what is related to procedures, acts of the process or procedural lapses, in addition to the actions of the judge and the parties. That is, everything related to the process as such.
Regulates matters related to the quality of the people who originate the acts and their content.
It is the law that regulates everything concerning the time, manner and place of the procedural acts.
The complaints that occur in society and that to resolve them require a fair decision of the State, without this implying offenses punishable by law.
The administration of justice when the law has been violated and legal action is required to carry out redress or punish.
A judgment is passed on the right to build on a certain site and a claim for $ 40,000 as compensation for damages, condemning the defendant to pay $ 30,000 to the plaintiff and declaring the right to build on the site. The defendant's lawyer requests an appeal against this judgment.
The lawyer for the company ZZZ filed a lawsuit against the company YYY, asking the court to pass judgment condemning YYY to pay $ 98,000, an amount owed to ZZZ.
YYY's lawyer objected to the lawsuit and asked the Court to pass judgment for incompetence of jurisdiction by reason of the territorial jurisdiction, refraining from hearing the matter.
The plaintiff goes to the hearing for the purpose of reaching an agreement with the defendant.
The defendant also comes with the same desire to end the litigation. He asks the judge that he is willing to compromise, offering the plaintiff to pay immediately 90% of the claim. The plaintiff agrees and then asks the judge to approve the agreement.
Tamara was José's contractor and filed a lawsuit against him for breach of contract. Evidence of non-compliance was attached to the lawsuit. The judge sentenced in writing in favor of the plaintiff, five days after the conclusion of the trial.
Luis files a lawsuit against the court regarding the use of pastures on the farm called Pastos, and a second lawsuit, a subsidiary of the first, for eviction due to non-consensual subletting of this farm. The two procedural objects are clearly differentiated, with different actions to be exercised.
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