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This document contains 22 questions about procedural aspects of the Spanish Civil Procedure Law. It addresses topics such as who can be a party in a process, procedural capacity, standing to sue, the intervention of third parties, and procedural substitution in the event of a litigant's death.
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0% found this document useful (0 votes)
14 views8 pagesTest 1 LEC
This document contains 22 questions about procedural aspects of the Spanish Civil Procedure Law. It addresses topics such as who can be a party in a process, procedural capacity, standing to sue, the intervention of third parties, and procedural substitution in the event of a litigant's death.
Uploaded by
ScribdTranslationsCopyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
/ 8
TEST 1 - CIVIL PROCEDURE ACT
1. MATTERS THAT PERTAIN TO CIVIL COURTS SHALL
WILL BE JUSTIFIED FOR THESE:
a) According to the current procedural rules in the
moment when the lawsuit was presented to the Court
Dean.
b) According to the current procedural rules that always
they will be retroactive.
c) In accordance with the current procedural rules, unless
another thing provided in legal provisions of Law
Transitory.
d) In accordance with the current procedural rules, in all
case.
2. THE CIVIL PROCEEDINGS THAT TAKE PLACE IN NATIONAL TERRITORY
THEY WILL BE GOVERNED BY SPANISH PROCEDURAL RULES:
a) Solely and in any case.
b) With the sole exceptions provided for in the provisions
legal provisions of Transitional Law.
c) With the only exceptions that may be provided for by the Treaties
and International Agreements.
d) With the sole exceptions provided for by the regulations
corresponding proceedings.
3. THEY HAVE THE CAPACITY TO BE PART OF:
legal entities
b) the conceived but unborn, for all intents and purposes
c) the patrimonial masses or the separated patrimonies that
lack a title definitely,
d) entities without legal personality, without any
requirement.
4. THEY MAY APPEAR IN TRIAL:
a) individuals who are fully exercising
civil rights
b) legal entities may appear through
who legally represent them
TEST 1 - CODE OF CIVIL PROCEDURE
c) those conceived and not born will appear
people who would represent them if they had already been born,
d) all options are true.
5. THE LEGAL ENTITIES WILL APPEAR:
a) Your Board of Directors.
b) Your Manager.
c) Those who legally represent them.
d) Its sole Administrator.
6. WHEN THE INDIVIDUAL IS NOT IN FULL
EXERCISE OF YOUR CIVIL RIGHTS:
a) the Court will appoint a defender by order
judicial
b) always and in any case, it will be the public prosecutor's office that
intervene on behalf of that one
c) the appointment of the legal defender shall be made through
Providence
d) none is true.
7. THE LACK OF ABILITY TO BE PART AND THE ABILITY
PROCEDURAL:
a) it can only be appreciated at the request of a party,
b) can only be appreciated ex officio by the court
c) this issue is regulated in art. 8 of the LEC
d) may be appreciated ex officio or at the request of a party.
8. CONSUMER AND USER ASSOCIATIONS LEGALLY
CONSTITUTED:
They will be entitled to defend rights in court.
interests of its members and those of the association.
b) The legitimization referred to in the previous option
it will be deemed extinguished when the affected parties have done
use of your individual standing.
c) They will not be authorized to defend in court the
general interests of consumers and users.
TEST 1 - CIVIL PROCEDURE LAW
d) All the previous options are false.
9. WHEN THE INJURED PARTIES DUE TO THE DAMAGE CAUSED ARE A GROUP
OF CONSUMERS AND USERS WHOSE COMPONENTS ARE
DETERMINED OR EASILY THEIR DETERMINATION,
a) the legitimization belongs exclusively to the
own affected groups,
b) such legitimization corresponds to the associations of
consumers and users
c) such legitimization could also correspond to the
legally constituted entities even if they do not have
the defense or protection of consumers and
users
d) all are true.
10. IN THOSE PROCESSES REGARDING SEXUAL HARASSMENT AND HARASSMENT BY
REASON OF SEX
a) the harassed person will be the only legitimate one,
b) such legitimacy could correspond to the agencies
public bodies with competence in the matter, and to the
state associations whose primary purpose is the
protection of these victims,
c) the most legitimate unions will also be legitimized
representatives
d) none of them is true.
Several people may appear in court, such as
PLAINTIFFS OR AS DEFENDANTS:
a) In any case.
b) When the actions being exercised come from a
same title or cause of action.
c) When such persons are linked by
any bond or tie.
d) In no case.
12. WHILE A PROCESS IS PENDING, IT MAY BE
ADMITTED AS PLAINTIFF OR DEFENDANT:
TEST 1 - LAW OF CIVIL PROCEDURE
any person, as long as they demonstrate interest
direct and legitimate in the outcome of the process,
b) in particular, any consumer and user may
intervene in the processes initiated by the entities
legally recognized for the defense of the interests of
said consumers and users,
c) the request for intervention will not suspend the course of
process
d) all answers are true.
13. IN THE CASE OF THE PREVIOUS QUESTION, OF THE ALLEGATIONS
WHAT THE INTERVENING PARTY DOES FOR THE DEFENSE OF THEIR
CLAIMS WHY WILL THE SECRETARY PROVIDE A DEADLINE
JUDICIAL TO THE OTHER PARTIES?
for a period of five days,
b) the previous answer is true, but who gives
the transfer of said allegations is the judge
c) the intervenor is not allowed to make such allegations
if they correspond to procedural moments prior to their
admission in the process,
for a period of 10 days.
14. THE INTERVENING PARTY AND THEIR CO-LITIGANT, AT THE TIME OF
USE THE RESOURCES THAT PROCEED AGAINST THE RESOLUTIONS
WHICH ARE HARMFUL TO THEIR INTEREST:
a) They must act in unison, interposing the resources
jointly and severally.
b) The intervenor may file appeals even if the
resolutions shall be agreed upon by their co-defendant.
c) If the resolutions are agreed upon by the
in the event of a co-defendant, the intervenor will not be able to file an appeal
some.
d) If the resolutions are consented by the
intervenor, the co-defendant cannot file an appeal
some.
15. IN THE EVENT THAT THE LAW ALLOWS THE PLAINTIFF
CALL A THIRD PARTY TO INTERVENE IN THE PROCESS WITHOUT THE
TEST 1 - CIVIL PROCEDURE ACT
QUALITY OF THE DEFENDANT, UNLESS THE LAW PROVIDES OTHERWISE,
THE REQUEST FOR INTERVENTION MUST BE MADE:
a) At the trial.
b) In the preliminary hearing.
c) In the lawsuit.
d) Before the issuance of the judgment.
16. WHEN THE LAW ALLOWS THE DEFENDANT TO CALL A THIRD PARTY
TO INTERVENE IN THE PROCESS, YOU MUST REQUEST THE
COURT TO BE NOTIFIED OF THE PENDING TRIAL,
REQUEST THAT, IN THE CASE OF THE ORAL TRIAL, MUST
TO BE CARRIED OUT:
a) In the very act of the trial.
b) Before the date set for the hearing.
c) Within five days following the day on which there has been
received the summons for the trial or hearing.
At least one day before the scheduled day for the hearing.
17. IN THE PROCESSES FOR THE PROTECTION OF RIGHTS AND
COLLECTIVE AND DIFFUSE INTERESTS OF CONSUMERS AND USERS,
What will the process be called for those who have the condition?
OF INJURED PARTIES FOR HAVING BEEN CONSUMERS OF THE PRODUCT OR
SERVICE USERS THAT ORIGINATED THE PROCESS?
a) summoning them by the court clerk to
appear before the judge within 10 days
b) by publishing the admission of the lawsuit in
media with diffusion in the field
territorial in which the injury has manifested,
c) by publishing the admission of the claim in
the court's bulletin board
d) those who have the condition will not be called to the process
of those affected, although, if they become aware of the start
from such a process, they may appear as interveners of
agreement with the general rules provided in the law.
18. WHEN IT COMES TO A PROCESS IN WHICH THE HARMFUL FACT
Harm to a plurality of indeterminate persons or of
DIFFICULT DETERMINATION, THE APPEAL WILL SUSPEND THE COURSE
TEST 1 - CIVIL PROCEDURE ACT
OF THE PROCESS FOR A PERIOD THAT THE COURT CLERK
WILL DETERMINE IN EACH CASE DEPENDING ON THE CIRCUMSTANCES OR
COMPLEXITY OF FACT AND THE DIFFICULTIES OF DETERMINATION
AND LOCATION OF THE INJURED, AND WHICH SHALL NOT EXCEED:
one month.
Two months.
Three months.
Four months.
19. WHEN IT IS A PROCESS IN WHICH THERE ARE
DETERMINED OR EASILY DETERMINABLE
AFFECTED BY A DAMAGING EVENT:
a) The claimant or claimants must have communicated
previously its purpose of filing the lawsuit to
all interested parties.
b) Following this call, the consumer or user may
intervene in the process at any time.
c) The consumer or user may only perform the acts
procedural matters that have not lapsed.
d) All the previous options are true.
20. NOTIFIED THE DEATH OF ANY LITIGANT BY
WHO SHOULD SUCCEED HIM, THE FOLLOWING WILL BE CARRIED OUT
PROCEDURES:
a) The Judicial Secretary will not suspend the course of
process.
b) The death and the succession title will be certified.
c) The Judicial Secretary shall, where appropriate, consider as appearing
to the successor in the name of the deceased litigant.
Both of the previous options are true.
21. WHEN THE DEATH OF A LITIGANT IS RECORDED BY THE COURT,
THE COURT CLERK WILL ALLOW THE OTHER PARTIES TO REQUEST
THAT THE EXISTENCE OF THE PROCEDURE BE NOTIFIED TO
SUCCESSOR, IF THIS DOES NOT PERSONATE WITHIN THE TERM OF:
Five days.
Ten days.
TEST 1 - CIVIL PROCEDURE ACT
Fifteen days.
Twenty days.
22. WHEN THE DECEASED LITIGANT IS THE DEFENDANT AND THE
OTHER PARTS DO NOT KNOW THE SUCCESSORS OR THEY DO NOT
THEY CAN BE LOCATED OR DO NOT WISH TO APPEAR:
a) The process will be archived by decree.
b) The proceedings will be declared concluded for sentencing.
c) The process will proceed by declaring it by the
Judicial secretary the defiance of the responding party.
d) The process will continue without the need for the
declaration of rebellion.
23. IF THE DECEASED LITIGANT WAS THE PLAINTIFF AND HIS
SUCCESSORS WILL NOT APPEAR:
a) The proceedings will be declared ready for judgment,
b) It will be understood that there has been a withdrawal, unless...
hello the defendant opposes.
c) It will be understood, in any case, that there has been
withdrawal.
d) The procedure will continue normally until it is
the sentence is handed down, which will not be executed until
the successor or successors of the deceased actor do not appear
in cars.
SOLUTIONS
1-C 8-A 15-C 22-C
2-C 9-B 16-B 23-B
3-A 10-A 17-B
4-D 11-B 18-B
5-C 12-D 19-D
6-C 13-A 20-D
7-D 14-B 21-A
TEST 1 - CODE OF CIVIL PROCEDURE