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Procedural Law and Material Law

a. Procedural Law: Set of acts by which it is constituted, develops and determines,

the legal relationship relations is established among the judge, and the individuals


b. Material Law: Social forces empowered to create legal regulation in a given

society irrespective of their political organization

1.1.Fundamental Principles Of Procedural Law

a. Public Interest Or General Of Procedural Principle: Is based on the fact all the

procedural acts can be known by those who are not involved. The Judiciary Act

states that the acts and proceedings of the courts are public, the parties and their

counsel have the right to be present at all the acts and proceedings concerned.

b. Sole and Mandatory Disposition of the Sate Jurisdictional Function: Associate

the party against whom is claimed the right, so that it appear before the process

and could exercise the right of defense.

i. Is fulfilled by notification given personally of the first procedural

order to the defendant, requirement that gives him the quality of part

and empowered to appear in the trial.

c. Independence of the Judiciary: Independence is reflected by three elements:

Independence of Judiciary Power, Independence of jurisdiction and

independence of the judge. In the first case, is referred to the Power of States

in this respect, the Judiciary as to the organization is separated from the other

branches of government and it cannot be controlled on its workings in other

words, does not among. Independence of the jurisdictional function is executed

by the Judicial Power may not be attributable the power to pass judgement the

case handled to others serving branch. With regard to the independence of the

judge refers that every judge is autonomous on knowledge and determination

according to grounds being unable to any pressure in the course of the trial,

including of High Court Judges.

d. Strict Impartiality of Civil servants: Is one of the reasons required by the

judiciary independence in accordance whit. In addition, refers to the lack of

interest in its decision for the correctly applying of justice.

e. Equality of parties to Procedural Law and the Process: Also called of

contradiction, based on principles of due process and self-defense, is an essential

guarantee for the parties according to this, procedural acts must be implemented

with statement of the opposing side, should not necessarily be involved for the

validity of the act, but should be given to the opposing side for it to intervene.

f. Need to hear to the Party against which goes to submitted the decision and the
guarantee of the right o