What is I urge?
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What Does I urge Mean
A warrant is a letter that a court or a judge sends to another requesting collaboration for the development of a procedural act that is beyond the area of its jurisdiction . An office, in this framework, is a written communication.
A procedural act must be voluntary and within the limits of the law . Its purpose is to conclude or develop the judicial process and it can come from the parties, the court of law, the assistants of either of these two or third parties who have a legal relationship. The three elements that make it up are subjectivity, objectivity and activity.
Letters of letters are requests that are carried out during a judicial procedure . With this tool , the judge communicates with another in his hierarchy to request the execution of an act that is necessary for his litigation .
Before continuing, we must briefly define the concept of judicial procedure . It is the way in which the activity of Law is carried out, and it is the dynamic element of the acts carried out by the State to apply it. Always respecting the guarantees and rights, the procedure refers to the norms according to which the judicial process must be carried out in all that it does to its procedures and formalities. Its degree of complexity is very high.
What the warrant does is request an action that is proper to the judicial function. It can be said that the referring judge needs the receiving judge to execute a procedural act , since this act is outside the scope of his jurisdiction. As the addressee judge does have jurisdiction over this issue, the warrant allows resolving the inconvenience faced by the referring judge.
The usual thing is that the issuance time for the fulfillment of the warrant is stipulated in the legislation . It is important to note that if the addressee judge fails to comply with the terms indicated in the warrant, the sender judge is usually empowered to appeal to a higher court and demand a sanction for the damage that the addressee judge caused him.
In short, the warrant is understood as a mechanism for procedural collaboration . The petitioner requests the petitioner to carry out certain actions that are inherent to a process and that must be carried out outside their jurisdiction. Each letter is sent through a system that ensures the constancy of its receipt.
It should be noted that this concept is also known by the name of letter rogatory , although in this case there may be different nuances depending on the source. For example, this official document is issued by a court to another that is abroad to request their help in a judicial matter. In fact, it is within the framework of the so - called International Criminal Police Cooperation .
For Spanish law, the laws establish that the warrant must always be made directly by the court or the court that receives it, without it being able to be reproduced or transferred through other bodies halfway through. In this way, judicial assistance is streamlined, since the intervention of third parties that may fragment the process and cause unforeseen events is avoided.
It is important to understand that the warrant is not an order, since both judges have the same hierarchy, but a request , as mentioned above. Nor can it be used to request information, since for this there is another type of trade.
Finally, “El rey de los exhortos” is the title of an Argentine film that was released in 1979 . Alberto Olmedo , Susana Giménez and Fernando Siro are the protagonists of this comedy that revolves around a widowed lawyer who specializes in divorces.