30 Preguntas de Derecho Probatorio

Introduction to Probative Law

Overview of the New Q&A Section

• Jorge introduces a new segment on his channel focused on questions and answers related to law, specifically probative law. The format allows viewers to challenge friends by answering questions within a time limit of 5 seconds each.

Classification of Evidence

• Evidence is categorized based on its function: formal vs. substantial, summary vs. contentious, direct vs. indirect. This classification helps in understanding how evidence is utilized in legal proceedings.

Characteristics of Probative Activity

• The probative activity must adhere to several characteristics: economy, effectiveness, efficiency, relevance, and speed. These traits ensure that the evidence presented serves its purpose effectively in court.

Understanding Relevance and Legal Suitability

Importance of Pertinence and Conduciveness

• Pertinence refers to the utility of evidence in convincing the judge about specific facts; it requires alignment between the facts presented and those under scrutiny. Conduciveness relates to the legal suitability of evidence for demonstrating a fact in question.

Illegal Evidence Implications

• Any evidence deemed illegal due to non-compliance with established legal requirements directly impacts rights such as contradiction, due process, and equality before the law. This highlights the importance of adhering strictly to legal standards when presenting evidence.

Types of Facts Subject to Proof

Nature of Proveable Facts

• Human behavior can be classified as a subject for proof if it is voluntary or involuntary, individual or collective; however, certain facts like notorious events do not require proof as they are widely recognized within society's context.

Notorious Facts Definition

• A notorious fact is one known by an average person within a specific social context; these facts must be permanent rather than transient and do not necessitate universal knowledge for validation purposes.

The Burden of Proof

Responsibility Distribution

• The burden of proof lies with victims or parties involved in litigation; various instruments and means lead judges toward their conclusions through presumptions and notable facts during interrogations or testimonies provided by witnesses or experts involved in cases.

Interrogation Practices

Guidelines During Interrogation

• Judges must ensure clarity during witness interrogations; unclear questions should be reformulated for better comprehension while emphasizing responsibilities regarding false testimony or omission of details from witnesses' accounts during trials.

Confession Requirements

Civil vs Criminal Confessions

• In civil matters, confessions require capacity from confessors concerning notorious facts without needing technical proof; whereas criminal confessions must be explicit and timely while also considering third-party testimonies if necessary for validity purposes.

Document Types in Legal Context

Classification of Documents

• Documents are divided into originals/copies and public/private categories; private documents lack public status due to confidentiality protections offered by specialized entities which may include data messages serving as scientific documentary proofs within legal frameworks.

Principles Governing Evidence Presentation

Key Principles Explained

• The principle of immediacy emphasizes having all relevant parties present during evidence presentation at trial sessions aiming for concentration where all proofs are examined collectively while ensuring freedom in presenting evidence does not violate good faith principles or human dignity.