LESSON 3

Question 1

Name the jurisdictions distinguished by the Spanish Constitution

Answer 1

The Spanish Constitution distinguishes between Ordinary Jurisdiction (4 specialties) and Special Jurisdiction, however the establishment of Special jurisdictions that are NOT expressly provided for by the Constitution is prohibited.

Question 2

What will happen to the CE if a special jurisdiction gets created

Answer 2

It will get modified.

Question 3

Ordinary Jurisdiction

Answer 3

Art. 9 LOPJ says that Ordinary Jurisdiction is divided into 4 specialties:
- Civil Jurisdiction
- Criminal Jurisdiction
- Contentious-Administrative Jurisdiction
- Labor/social Jurisdiction

Question 4

Civil Jurisdiction

Answer 4

Civil Jurisdiction deals with civil and commercial matters and with private conflicts. This jurisdiction also deals with matter that are NOT attributed to the other jurisdictions. This characteristic is called “vis atractiva”.

Question 5

Criminal Jurisdiction

Answer 5

Criminal jurisdiction deals with punishment of crimes, except for those that are attributed to military jurisdiction. The punishments delivered by this jurisdiction are given according to the Spanish Criminal Code.

Question 6

Contentious-Administrative Jurisdiction

Answer 6

Contentious-Administrative jurisdiction deals with matters of the Administration when it is acting in accordance with Administrative law.

Question 7

Labor/Social Jurisdiction

Answer 7

Labor/social jurisdiction deals with matters involving labor law both in individual and collective conflicts. It also involves itself in social security matters.

Question 8

Pre-trial or prejudicial Matter: definition

Answer 8

when a judge is going to solve a problem, he is solving something that in principle does not belong exclusively to any jurisdiction, this problem is the so-called “prejudicial matter” or “prejudicial matter”.

Question 9

Art. 10.1 LOPJ, pre-trial or prejudicial matter

Answer 9

Art. 10.1 LOPJ states that, to the SOLE PURPOSE of pre-trial or prejudicial matters, every jurisdiction division may bear matters which are NOT vested to that jurisdiction exclusively.

Question 10

Civil Courts: 1st instance

Answer 10

All these following Courts have first instance in civil matters:
- Judges of the Peace.
- Judges of 1st Instance.
- Commercial Courts.
- Courts of Violence against Women.

Question 11

Civil Courts: 2nd instance

Answer 11

In the 2nd level acting as Appeal Courts:
- Provincial Courts.
- High Courts of Justice of the Autonomous Regions.
- Supreme Court.

Question 12

enjuiciamiento criminal: two types of judgments

Answer 12

Our law de “enjuiciamiento criminal” distinguishes between “judgment of crimes” and “judgment of less serious crimes”.

Question 13

Name the two phases there are when you want to proceed a crime in Spain

Answer 13

• Investigative Phase or Fast track Trial.
• Trial or Public hearing.

Question 14

What characteristic do these two phases possess?

Answer 14

Since in Spain we have a “sistema acusatorio formal”, the two phases are managed by different people.
This is because the “sistema acusatorio formal” ensures incompatibilities with the investigation and the trial.

Question 15

Types of Criminal Jurisdiction bodies: first level

Answer 15

• Judges of the peace.
• Investigative judges or courts.
• Criminal judges.
• Provincial Judges.
• Jury Courts.
• Civil/criminal chamber of the Supreme Court of Justice of the AACC.
• National Court.
• Supreme Court.

Question 16

Criminal Jurisdiction: specialized courts

Answer 16

• Courts for minors.
• Prison Custody Courts.

Question 17

Contentious-Administrative Courts

Answer 17

• Contentious-Administrative Courts.
• Contentious-Administrative Chamber of the Supreme Court of Justice of the AACC.
• National Court.
• Supreme Court.

Question 18

Labor/social Courts

Answer 18

• “Juzgados de lo social”.
• Superior Court of Justice of the AACC.
• National Court.
• Supreme Court.