claimant

In the courts of admiralty, when the suit is in rem, the cause is entitled in the name of the libellant against the thing libelled, as A B v. Ten cases of calico and it preserves that title through the whole progress of the suit. When a person is authorized and admitted to defend the libel, he is called the claimant

Attorney (procurador)

It is difficult to trnaslate in english "Procurador".
In some cases is translated as Court Agent:
http://www.tribunalconstitucional.es/en/jurisprudencia/restrad/Pages/ATC188_2008.aspx
But I think it is not correct

Appointed day

The appointed day refers to the entry into force of a treaty or a law that is the source of positive law, and therefore its binding nature is developed and applied to the parties. In addition, marks its international legal obligation and duty of the parties to implement it.

The binding force of the convention or the validity of the rule coincides with the completion of the negotiated procedure. At the time the convention is concluded, the rule comes into force and becomes legally binding convention. This binding is reflected in the fact that the negotiating parties can not unilaterally release the obligations created by the convention, and if any amendments, shall be made ​​according to the procedure prescribed by the legal system. This means that the standard created by the consent of the parties is in force.

to ensure the effectiveness of the treaty, the terms of entry into force can be further requirements for the number of States or international bodies required for its entry into force or the time elapsed for the effective force.

Appointed day

The appointed day refers to the entry into force of a treaty or a law that is the source of positive law, and therefore its binding nature is developed and applied to the parties. In addition, marks its international legal obligation and duty of the parties to implement it.

The binding force of the convention or the validity of the rule coincides with the completion of the negotiated procedure. At the time the convention is concluded, the rule comes into force and becomes legally binding convention. This binding is reflected in the fact that the negotiating parties can not unilaterally release the obligations created by the convention, and if any amendments, shall be made ​​according to the procedure prescribed by the legal system. This means that the standard created by the consent of the parties is in force.

to ensure the effectiveness of the treaty, the terms of entry into force can be further requirements for the number of States or international bodies required for its entry into force or the time elapsed for the effective force.

Sources of Law

Sources of law means the origin from which rules of human conduct come into existence and derive legal force or binding characters.It also refers to the sovereign or the state from which the law derives its force or validity.

Several factors of law have contributed to the development of law. These factors are regarded as the sources of law:

1- Precedent is one of the sources of law. The judgements passed by some of the learned jurists became another significant source of law. when there is no legislature on particular point which arises in changing conditions, The judges depend on their own sense of right and wrong and decide the disputes. such decisions become authority or guide for subsequent cases of a similar nature and they are called precedents. The dictionary of English law defines a judicial precedent as a judgement or decision of a court of law cited as an authority for deciding a similar state of fact in the same manner or on the same principle or by analogy. Precedent is more flexible than legislation and custom. It is always ready to be, used.

2 - Customs are rules which in a particular family or in a particular district or in a particular section, Class or tribe, have from long usage obtained the force of law. The dictionary of English law defines custom as a law not written, which being established by long use and consent of our ancestors has been and daily is put into practice. Custom as a source of law got recognition since the emergence of savigny on the horizon of jurisprudence. It is an exemption to the ordinary law of the land, and every custom is limited in its application.

3- Legislation is that source of law which consist in the declaration of legal rules by a competent authority. Legislature is the direct source of law. Legislature frames new laws amends, the old laws and cancels the existing in all countries. In modern times this is the most important source of law making. The term legislature means any form of law making. Its scope has now been restricted so a particular form of law making. It not only creates new rules of law it also sweeps away existing inconvenient rules.

4 - Statuory interpretation is a very important function of the court, the process of ascertaining the meaning of letters and expressions by the court is either interpretation or construction. Interpretation is the process of which the court seeks to ascertain the Meaning of a particular legislature. It is through interpretation, the judiciary evolves the law and brings the changes in it and thus keeps the law abreast of law.

5 - Preparatory works. In some legal cultures some of the documents produced in the process leading up to legislation are subsequently used as guidelines on how to interpret and understand an act of legislation.

Hearsay evidence.

Oral or written statements made by someone other than during his testimony in court but which the court is asked to accept as evidence for the truth of what is stated.

DEFENDANT

A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute. Respondent is the parallel term used in a proceeding which is commenced by petition.
A defendant in a civil action usually makes his or her first court appearance voluntarily in response to a summons, whereas a defendant in a criminal case is often taken into custody by police and brought before a court, pursuant to an arrest warrant. The actions of a defendant, and its lawyer counsel, is known as the defense. Whereas a defendant in a criminal case (particularly a felony or indictment) is usually obliged to post bail before being released from custody and must be present at every stage thereafter of the proceedings against him or her.


MªJosé Inestal Santolaya.

Litis Pendentia

Litis pendentia (Spanish "litispendencia") - latin term which literally means "a pending suit". It’s a situation when between the same parties there is already one proceeding before a court, concerning the same object – then any other actions which satisfy those 3 conditions shall be dismissed.
The requisites of litis pendentia as a ground for a motion to dismiss are :
1) Identity of parties, or at least such parties as those representing the same interests in both actions ( the same parties)
2) Identity of rights asserted and reliefs prayed for, the reliefs being founded on the same facts ( the same object)
3) Identity with respect to the two preceding particulars is such that any judgment that may be rendered in the pending case regardless of which party is successful, would amount to res judicata (already judged) in the other case (the same cause)

Example:
Art 27 Counci Regulation (EC) No 44/2001 :
“1. Where proceedings involving the same cause of action and between the same parties are brought in the courts of different Member States, any court other than the court first seised shall of its own motion stay its proceedings until such time as the jurisdiction of the court first seised is established.
2. Where the jurisdiction of the court first seised is established, any court other than the court first seised shall decline jurisdiction in favour of that court.”

Lawsuit

A lawsuit is a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant actions, demands a legal or equitable remedy. The defendant is required to respond to the plaintiff's complaint. If the plaintiff is successful, judgment will be given in the plaintiff's favor, and a variety of court orders may be issued to enforce a right, award damages, or impose a temporary or permanent injunction to prevent an act or compel an act. A declaratory judgment may be issued to prevent future legal disputes. Although not as common, lawsuit may also refer to a criminal action, criminal proceeding, or criminal claim.